Terms and Conditions

2.1 Personal Information

2.1.1 The Company collects personal information provided directly by the User. This includes the User’s name, contact details such as email address or telephone number, billing and payment information, and responses provided during completion of the Brand IT Factor® Assessment.
2.1.2 Personal Information is collected solely for the purpose of delivering the App’s services, processing payments, generating the personalised Report, and communicating with Users regarding their use of the App.

2.2 Technical and Usage Data

2.2.1 The Company may automatically collect technical and usage data in connection with the User’s access to or use of the App. This may include, without limitation, the User’s IP address, device type, operating system, browser type, interaction with the App, and data collected via cookies or similar tracking technologies.
2.2.2 Technical and Usage Data is collected for the purposes of maintaining and improving App functionality, ensuring security, enhancing user experience, and performing statistical analysis.

2.3 Third-Party Service Providers

2.3.1 The Company engages third-party service providers to facilitate the operation of the App. Such providers may include, but are not limited to, Kartra as the hosting provider, Stripe and PayPal for secure payment processing, and Firebase/Google for analytics and authentication.
2.3.2 Personal and technical data may be disclosed to such providers solely for the purpose of enabling them to provide services on behalf of the Company. Each provider shall process data in accordance with its own privacy policies and applicable law.
2.3.3 Where personal data is transferred outside the European Economic Area (EEA), the Company shall ensure that such transfers are protected by appropriate safeguards in compliance with GDPR. These safeguards may include the use of the European Commission’s Standard Contractual Clauses (SCCs) or other legally recognised mechanisms that ensure an adequate level of protection for your personal data. Users may request a copy of the relevant safeguards by contacting us at concierge@culturedlife.org.

2.4Data Rentention

2.4.1We process your personal data only where we have a lawful basis under General Data Protection Regulation (GDPR). This includes processing where it is necessary to perform our contract with you, such as providing your personalised Brand IT Factor® Type Report; where it is in our legitimate interests to maintain and improve our services, ensure the security of our systems, and carry out analytics in a way that does not override your rights and freedoms; and, where required, on the basis of your consent, for example in relation to direct marketing communications or the use of optional cookies and tracking technologies. You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
2.4.2 In the event that Brand IT Factor® is involved in a merger, acquisition, reorganisation, or sale of assets, your personal data may be transferred as part of that transaction. In such cases, we will ensure that any acquiring entity continues to honour the commitments set out in this Privacy Policy.

2.5Use of Collected Data

2.5.1 The Company shall use collected data exclusively for the following purposes: to provide the User with access to the App, generate the personalised Report, process payments, improve App functionality and user experience, comply with legal obligations, and communicate with Users regarding updates, offers, or App-related matters.
2.5.2 Collected data shall not be sold, rented, or otherwise disclosed for marketing purposes outside the scope of the services provided by the Company.

2.6User Rights under GDPR

2.6.1 Users who are sixteen (16) years of age or older retain all rights granted under GDPR, including, without limitation, the right to access, rectify, or request deletion of their Personal Information, the right to withdraw consent to data processing, the right to object to processing based on legitimate interests, and the right to lodge a complaint with a supervisory authority.
2.6.2 Requests regarding data access, correction, or deletion shall be directed to the Company at concierge@culturedlife.org, and the Company shall respond in accordance with applicable law.

3.1Age Restrictions

Users must be at least 16 years of age to use the Service. By creating an account or submitting information, you affirm that you are 16 years of age or older.

3.2Misuse of the App

3.2.1 Users must not use the App for any purpose that is unlawful, fraudulent, or harmful to the Company, other Users, or third parties.
3.2.2 Misuse includes, without limitation, tampering with the App, attempting to gain unauthorised access to other Users’ information, reverse engineering the App, or using the App in a manner inconsistent with its intended purpose.
3.2.3 Any breach of this Agreement or misuse of the App may result in the immediate suspension or termination of the User’s access, at the sole discretion of the Company.

4.1 Payment for Assessments

4.1.1 Access to the Brand IT Factor® Assessment and generation of the personalised Report requires payment of the applicable fee as displayed within the App at the time of purchase.
4.1.2 The fee must be paid in full prior to access and generation of the Report.

4.2 Subscription and Additional Services

4.2.1 Any access to additional services, features, or further Reports beyond the initial Assessment shall require separate payment or subscription, as indicated within the App.
4.2.2 Users acknowledge that use of additional services is subject to payment of the applicable fees and compliance with this Agreement.

4.3Refunds

Due to the immediate and personalized nature of the Brand IT Factor® report, once the assessment process has begun and report generation initiated, you will not be entitled to cancel your purchase or receive a refund. Where required by law (for example, in the EU or UK), you expressly consent to the immediate provision of your personalized report and acknowledge that this waiver removes any statutory right of withdrawal or refund that may otherwise apply. This does not affect any mandatory rights you may have under applicable consumer protection laws.

4.4Payment Processing

4.4.1 All payments are processed securely through third-party service providers engaged by the Company, including Stripe and PayPal.
4.4.2 The Company shall not be liable for any issues arising from payment processing errors caused by such third-party providers, provided the Company has acted in accordance with reasonable care.

4.5Taxes and Fees

4.5.1 Users shall be responsible for any taxes, duties, or charges imposed by relevant authorities in connection with the use of the App or payment for services.
4.5.2 The Company shall not be responsible for calculating, collecting, or remitting such taxes unless required by applicable law.

5.1Ownership

User Input and Intellectual Property

You retain ownership of any personal data and information you provide when completing the Brand IT Factor® assessment. By submitting your responses, you grant Cultured Life LLC a perpetual, royalty-free, worldwide, non-exclusive licence to use, store, process, and analyse that data solely for the purposes of generating your personalized Brand IT Factor® report and for any other purposes described in our Privacy Policy.

5.2 License to Use

5.2.1 Subject to the User’s compliance with this Agreement and payment of applicable fees, the Company grants the User a limited, non-exclusive, non-transferable, and revocable licence to access and use the App for personal, non-commercial purposes.
5.2.2 The licence permits the User to access their personalised Report for their sole use only and does not authorise the reproduction, distribution, modification, or commercial exploitation of the App or any content therein.

5.3Restrictions

5.3.1 The User shall not, and shall not permit any third party to:
  (a) Copy, reproduce, distribute, or commercially exploit any part of the App or Reports;
  (b) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
  (c) Modify, adapt, or create derivative works based on the App;
  (d) Remove or alter any copyright, trademark, or proprietary notices within the App.
5.3.2 Any unauthorised use of the App or its content shall constitute a material breach of this Agreement and may result in termination of access and legal action.

5.4Third-Party Intellectual Property

5.4.1 Where the App includes intellectual property belonging to third parties, the User acknowledges that such rights remain the property of the relevant third party and are subject to the terms and conditions imposed by that third party.
5.4.2 The Company shall not be liable for any infringement claims arising from the User’s misuse of third-party intellectual property accessed via the App.

6.1No Professional Advice

The Brand IT Factor® App provides general educational and personal branding insights. It is not intended to replace professional advice, including but not limited to medical, psychological, financial, or legal guidance. You acknowledge that results are based on self-reported data and interpretations and are not scientifically validated or guaranteed.

6.2Disclaimer of Warranties

6.2.1 The App and all content, features, and services are provided “as is” and “as available,” without any warranty of any kind, whether express, implied, statutory, or otherwise.
6.2.2 The Company expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement.

6.3Limitation of Liability

6.3.1 To the maximum extent permitted by law, the Company, its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business opportunities, arising from or in connection with the use or inability to use the App.
6.3.2 The Company’s total liability to the User for any claims arising under or in connection with this Agreement shall not exceed the amount paid by the User to access the App.

6.4 User Responsibility

6.4.1 Users acknowledge and agree that they are responsible for their own decisions and actions in relation to the App and any use of the Reports.
6.4.2 The Company does not guarantee any specific results or outcomes from using the App or Reports, and Users accept that results may vary.

7.1Updates and Modifications

7.1.1 The Company reserves the right, at its sole discretion, to modify, update, suspend, or discontinue the App, any feature, content, or service at any time, without prior notice.
7.1.2 The Company may also update this Agreement from time to time to reflect changes in legal, technical, or business requirements. Users are responsible for reviewing any updates, and continued use of the App constitutes acceptance of the modified terms.

7.2Dispute Resolution

7.2.1 Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the App, including its interpretation, performance, or termination, shall be resolved first through good-faith negotiation between the User and the Company.
7.2.2 In the event disputes cannot be settled, they will be subject to the exclusive jurisdiction of the courts of Saint Lucia.
7.2.3 The User agrees that the Company may seek injunctive or equitable relief in any court of competent jurisdiction to prevent or restrain any unauthorised use or infringement of its intellectual property, in addition to any other remedies available under law.

7.3Termination of Access

7.3.1 In addition to any other provisions of this Agreement, the Company may, at its sole discretion, terminate or suspend access to the App at any time, including for breach of this Agreement, misuse, underage access, or any action detrimental to the App, its Users, or its business interests.
7.3.2 Termination of access shall not affect accrued rights, obligations, or liabilities, including payment obligations, nor shall it limit the Company’s right to pursue any remedies available under law.

8.1Collection and Use of Personal Data

8.1.1 The Company collects and processes personal data submitted by Users solely for the purposes of providing access to the App, generating Reports, processing payments, and communicating with Users.
8.1.2 If a user under the age of 16 has submitted personal data, we will promptly delete such data. While we rely on users' affirmation of age at the point of access, we may also implement additional age-verification measures where legally required or appropriate.

8.2GDPR Compliance and User Rights

8.2.1 Users have rights under the General Data Protection Regulation (GDPR) to access, correct, delete, or restrict the processing of their personal data.
8.2.2 Users may exercise these rights by contacting the Company through the channels provided in the App.
8.2.3 The Company will process personal data lawfully, fairly, and transparently, consistent with its obligations under this Agreement and applicable data protection laws.

8.3Third-Party Processors

8.3.1 As described in Sections 2.3 and 4.4, the App relies on third-party service providers, including Kartra as hosting provider and payment processors such as Stripe and PayPal, to deliver the App and process payments.
8.3.2 Personal data shared with third parties will be limited to what is necessary to provide the services, and the Company ensures such processors comply with applicable data protection requirements.

8.4Data Retention and Security

8.4.1 Personal data will be retained only as long as necessary to provide the services, comply with legal obligations, resolve disputes, or enforce agreements.
8.4.2 The Company implements reasonable technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage.
8.4.3 While reasonable steps are taken to safeguard personal data, Users acknowledge that no system can be completely secure.

9.1Governing Law

These Terms shall be governed by and construed in accordance with the laws of Saint Lucia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Saint Lucia.

9.2Entire Agreement

9.2.1 This Agreement constitutes the entire understanding between the User and the Company regarding the use of the App and supersedes all prior agreements, communications, or understandings, whether written or oral.
9.2.2 No representations, warranties, or promises not expressly included in this Agreement shall be binding on the Company.

9.3Severability

9.3.1 If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the Agreement, and the remaining provisions shall continue in full force and effect.

9.4Waiver

9.4.1 The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of the Company.

9.5Assignment

9.5.1 The Company may assign, transfer, or subcontract its rights and obligations under this Agreement at its discretion.
9.5.2 The User may not assign, transfer, or subcontract any rights or obligations under this Agreement.

9.6Force Majeure

Brand IT Factor® shall not be liable or responsible for any failure or delay in performance of its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control. Such events may include, but are not limited to, acts of God, natural disasters, fire, flood, war, civil unrest, terrorism, labour disputes, epidemics, pandemics, government restrictions, power failures, or interruptions to internet or telecommunications services. In such circumstances, Brand IT Factor®’s obligations shall be suspended for the duration of the event, and performance will resume as soon as reasonably practicable.

9.7Cookies and Tracking Technologies

The App uses cookies and similar tracking technologies to enhance your user experience, analyse usage, and improve our services. Some cookies are essential for the operation of the App, while others are optional and used for analytics or marketing.

For inquiries or concerns regarding these Terms, contact concierge@culturedlife.org

By using the Service, you acknowledge that you have read, understood and agreed to these Terms and Conditions.